Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
Dennis Sochor v. State of Florida
Citation: 246 So. 3d 195Docket: SC17-929
Court: Supreme Court of Florida; February 28, 2018; Florida; State Supreme Court
Original Court Document: View Document
The Supreme Court of Florida affirmed the denial of Dennis Sochor’s third successive motion for postconviction relief under Florida Rule of Criminal Procedure 3.851. The court found the motion legally insufficient and unsupported by the record, thus deeming the trial court's failure to hold a case status conference as a harmless error, negating the need for an evidentiary hearing. Sochor's claim, based on newly discovered evidence and the precedent set by Brady v. Maryland, was also denied. He presented a declaration from Marvin Droste, claiming it revealed that Gary Sochor, his brother, was more culpable in the murder of Patricia Gifford. However, the court ruled the declaration inadmissible due to its failure to meet hearsay exceptions. Furthermore, the court determined that the declaration would not likely result in an acquittal or a reduced sentence. The court held that the new evidence did not meet the Brady materiality standard, meaning it did not significantly alter the case's dynamics to undermine confidence in the verdict. The ruling referenced several precedents, emphasizing that the impeachment evidence against Gary Sochor did not satisfy the requirements to affect the overall conviction. The decision concluded with a confirmation of the trial court's denial of relief, with all justices concurring. The ruling is not final until the time to file a rehearing motion expires or if such a motion is filed and resolved.